Having had my offer accepted I require leasehold conveyancing in Torquay. Before diving in I want to be sure as to the remaining lease term.

Assuming the lease is registered - and almost all are in Torquay - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

Planning to sign contracts shortly on a ground floor flat in Torquay. Conveyancing lawyers have said that they will have a report out to me tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in Torquay should include some of the following:

• Defining your rights in respect of common areas in the block.For instance, does the lease permit a right of way over an accessway or hallways?
• Will you be prohibited or prevented from having pets in the property?
• Whether the lease restricts you from renting out the flat, or having a home office for business
• You should be told what counts as a Nuisance in the lease
• The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
• Whether the landlord has obligations to ensure rights of quiet enjoyment over your property and do you know what it means in practice?
• The landlord’s obligations to repair and maintain the building. It is important that you know who is responsible for the repair and maintenance of every part of the building

Last month I purchased a leasehold flat in Torquay. Do I have any liability for service charges for periods before completion of my purchase?

In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.

If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).

Can you provide any advice for leasehold conveyancing in Torquay from the point of view of saving time on the sale process?

• A significant proportion of the frustration in leasehold conveyancing in Torquay can be bypassed if you appoint lawyers as soon as you market your property and ask them to collate the leasehold information which will be required by the buyers representatives.
• Many landlords or managing agents in Torquay levy fees for supplying management packs for a leasehold homes. You or your lawyers should find out the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of frustration in leasehold conveyancing in Torquay.
• If you have carried out any alterations to the residence would they have required Landlord’s approval? Have you, for example laid down wooden flooring? Most leases in Torquay state that internal structural alterations or installing wooden flooring necessitate a licence from the Landlord approving such alterations. Should you fail to have the paperwork to hand you should not contact the landlord without checking with your lawyer first.
• If you hold a share in a the freehold, you should make sure that you are holding the original share certificate. Organising a duplicate share certificate can be a time consuming process and frustrates many a Torquay home move. Where a new share certificate is required, do contact the company officers or managing agents (if relevant) for this sooner rather than later.
• You may think that you are aware of the number of years remaining on your lease but you should verify this by asking your solicitors. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the lease term is less than 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term for your property needs extending. If it does, contact your solicitors before you put your property on the market for sale.

Are there common defects that you witness in leases for Torquay properties?

There is nothing unique about leasehold conveyancing in Torquay. All leases are unique and drafting errors can sometimes mean that certain clauses are missing. The following missing provisions could result in a defective lease:

• A provision to repair to or maintain parts of the premises
• Insurance obligations
• Clauses dealing with recovering service charges for expenditure on the building or common parts.
• Maintenance charge proportions which don’t add up to the correct percentage

You may encounter difficulties when selling your property if you have a defective lease as they can affect a potential buyer’s ability to obtain a mortgage. Halifax, The Royal Bank of Scotland, and Aldermore all have express requirements when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to grant the mortgage, obliging the purchaser to pull out.

I inherited a garden flat in Torquay, conveyancing was carried out half a dozen years ago. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Torquay with over 90 years remaining are worth £203,000. The average or mid-range amount of ground rent is £55 levied per year. The lease ceases on 21st October 2098

With just 72 years unexpired the likely cost is going to range between £11,400 and £13,200 plus plus your own and the landlord's "reasonable" professional fees.

The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt other issues that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first seeking the advice of a professional.